It is not the first time that the Independent Union of Public Employees (SIME) has denounced the alleged coverage of a specialized position ‘by hand’ in the Murcia City Council or, at least, without respecting the procedures established by law. And they have done it again, this time having in their sights the recent creation of the Special Cavalry Unit of the Local Police of Murcia, which could end up in court after the presentation of an appeal before the contentious jurisdiction. administrative.
Although this initiative sparked criticism among opposition groups “for involving spending without any real impact on improving citizen security,” what is now being questioned by the union representation is the processes put in place, or rather, the lack of them to choose the members of said unit based on their suitability, as well as the fact that, therefore, other agents of the body have not been given the possibility of attending an internal call.
On September 21, the union was notified of this situation to the Councilor for Citizen Security and Emergencies, Fulgencio Perona, indicating that said Unit “was presented at an event, being composed of a staff of four officers: a sub-inspector and three agents… one configuration that has not been offered at any time to the people who make up the aforementioned professional categories.
Faced with this situation, the two union delegates who signed the letter recalled that “transfers of shift or position within the same Municipal Service will be arranged by the corresponding Mayor’s Office or Department through reasoned communication to the interested party and to the Personnel Department, who will report to the the Personnel Board”, to cover it later and, first of all, “with voluntary applications.”
Antonio Jesús Álvarez Rex, one of the signatories, adds that Law 6/2019 on the Coordination of Local Police of the Autonomous Community of the Region of Murcia establishes that to fill a position in a specialized unit it must be done through a merit-based competition. “At least this coverage is done voluntarily, but nothing has been negotiated,” he added, pointing out that this system “is intended to facilitate equity, publicity and transparency within professional mobility within of the Corporation.
«It is public and well-known within the Corps that the configuration of the aforementioned endowment has been carried out by the Commissioner General, with no other criterion than his own will and, therefore, we consider that this action is totally irregular because it contravenes the provision regulations. of jobs within the same Service, which does not require any criteria other than seniority, as well as violates the legitimate expectations of promotion of these appearing parties, and other agents and sub-inspectors”, is added in said document, adding that “this absolute discretion of the Head of Service constitutes an authentic means of fact, material action without a legal basis that legitimizes it.
For this reason, said union delegates asked the competent councilor to “decree the cessation of the de facto route by ordering the Chief General Commissioner of the Local Police to proceed with the opening of a process to provide positions for the aforementioned Cavalry Unit in accordance with the provisions of Section 4 of Article 7 of the current Working Conditions Agreement of this Corporation.
Given the lack of response to said request, and with the help of the legal services of the aforementioned union, the union delegates, as they have indicated, have appealed the rejection of their request due to administrative silence before the contentious-administrative jurisdiction, which must now hear of the matter.
They recall from the union that a similar procedure was undertaken in response to the “irregular” coverage of two positions in the Family Protection and Care Team (EPAF), “provided through a call in which the available positions or the required merits were not indicated.” “, and which gave rise in his opinion, and in that of the Contentious Court Number 1 of Murcia to “a violation of the minimum rules that every selective process must have”, as established in the ruling of last July 11 of 2022.
Therefore, the resolution failed to annul said process for not being in accordance with the law. However, this sentence has not been executed for the moment since it is not final and has been appealed before the Superior Court of Justice of the Region of Murcia, the same sources add.
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